Terms of Service

Last updated: January 2025

Effective Date: January 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Cardy ("Company," "we," "us," or "our") regarding your use of the Cardy AI-powered personalized card service, including our website, mobile application, and all related services (collectively, the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years of age.

2.2 Account Creation

To use certain features of our Service, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account
• Ensuring your account information remains accurate and up-to-date

3. Service Description

Cardy provides an AI-powered platform that enables users to:

• Store contact information and important dates for friends and family
• Generate personalized digital greeting cards using artificial intelligence
• Schedule and send cards automatically to recipients via email
• Manage card delivery and track sending history
• Purchase and manage credits for card sending

4. Credit System and Pricing

4.1 Credit Purchase

Our Service operates on a prepaid credit system where users purchase credits in advance to send cards. Credits are available in various package sizes, with larger packages offering better value per credit. Current pricing and package options are displayed on our website and in the application at the time of purchase.

4.2 Credit Usage

Each successfully sent card consumes one (1) credit from your account balance. Credits are deducted only upon successful delivery attempt.

4.3 Credit Policies

• Credits do not expire and remain valid indefinitely
• Credits are non-transferable between accounts
• Credits are generally non-refundable except as required by law
• You may purchase additional credits at any time
• We reserve the right to adjust pricing with 30 days' notice

5. User Responsibilities and Prohibited Uses

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for:

• Ensuring recipient consent before sending cards
• Providing accurate recipient contact information
• Maintaining appropriate and respectful content in personalization data
• Complying with all applicable laws and regulations

5.2 Prohibited Activities

You may not use the Service to:

• Send unsolicited or spam communications
• Harass, abuse, or harm others
• Distribute malicious software or harmful content
• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Attempt to gain unauthorized access to our systems
• Use the Service for commercial purposes without authorization
• Create multiple accounts to circumvent limitations

6. Content and Intellectual Property

6.1 User Content

You retain ownership of personal information and content you provide ("User Content"). By using our Service, you grant us a limited, non-exclusive license to use your User Content solely for providing the Service.

6.2 AI-Generated Content

Cards generated by our AI system using your User Content are created for your personal use. We do not claim ownership of the final personalized cards sent to your recipients.

6.3 Our Intellectual Property

The Service, including our AI technology, software, designs, and trademarks, remains our exclusive property. You may not copy, modify, or distribute our intellectual property without written permission.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

8. Service Availability and Performance

8.1 Service Uptime

While we strive to maintain high service availability, we do not guarantee uninterrupted access to the Service. We may experience downtime for maintenance, updates, or technical issues.

8.2 Delivery Attempts

We will make reasonable efforts to deliver cards to recipients. However, successful delivery depends on factors beyond our control, including recipient email validity and spam filters.

9. Refunds and Cancellations

9.1 Credit Refunds

Credits are generally non-refundable. However, we may provide refunds in the following circumstances:

• Technical failures preventing card delivery due to our system errors
• Unauthorized purchases (subject to investigation)
• As required by applicable consumer protection laws

9.2 Refund Process

Refund requests must be submitted within 30 days of the relevant transaction. We will investigate and respond within 14 business days.

10. Account Termination

10.1 Termination by You

You may terminate your account at any time by contacting customer support. Upon termination, unused credits will be forfeited unless refundable under Section 9.

10.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Abuse or misuse the Service
• Fail to pay applicable fees

11. Disclaimers and Limitation of Liability

11.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR CREDITS IN THE 12 MONTHS PRECEDING THE CLAIM.

11.3 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA.

12. Indemnification

You agree to indemnify and hold harmless Cardy and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

13.2 Dispute Resolution Process

Before initiating legal proceedings, you agree to attempt to resolve disputes through good faith negotiations. If unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration.

14. Modifications to Terms

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cardy regarding the Service.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

15.3 Assignment

You may not assign your rights under these Terms. We may assign our rights and obligations without restriction.

15.4 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures of third-party services.

16. Contact Information

For questions about these Terms or to report violations, please contact us at:

Email: hello@cardymail.com

Legal Department: Cardy Legal Team

By using Cardy, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.